Samuel M. Brock III
Counsel
Charleston, WV
office 304.340.3888
Winston-Salem, NC
  • Overview
  • Services
  • Distinctions
  • Admissions
  • Memberships
  • Publications & Presentations
  • Resources
  • Results

Mr. Brock's primary areas of practice are labor and employment law and litigation services in the areas of employee benefits, environmental, energy, and general business and commercial law matters.

Education

  • West Virginia University, B.A. in Political Science, magna cum laude, 1978
  • The College of William & Mary Marshall-Wythe School of Law, J.D., 1981

Experience

  • Litigating, advising and counseling under Title VII, ADEA, ADA, FMLA, Executive Order 11246 and other federal and state discrimination laws
  • Litigating, advising and counseling under the NLRA, including union avoidance, collective bargaining and labor arbitration
  • Litigating and counseling regarding covenants not to compete, trade secrets and employee fiduciary duties
  • Litigating and counseling under the FLSA and other wage and hour laws and regulations
  • Litigating and counseling under ERISA, including benefits claims and fiduciary duties
  • Litigating, advising and counseling related to OSHA and other safety and health requirements
  • Litigating in the areas of environmental and energy law and general business and commercial law
 
Appellate Litigation Deliberate Intent Litigation Energy Law Environmental Law ERISA & Managed Care Labor & Employment Law Litigation OSHA & MSHA Shale Gas Law

Distinctions

  • Named the Best Lawyers® "Lawyer of the Year" for Litigation – ERISA Law in Charleston, W.Va., 2020 & 2014
  • Nominated by his peers for inclusion in The Best Lawyers in America for Employment Law - Management and Litigation - ERISA
  • Listed in West Virginia Super Lawyers
  • Phi Beta Kappa, West Virginia University

Admissions

  • West Virginia State Bar; Virginia State Bar; Pennsylvania State Bar
  • United States Supreme Court
  • United States Courts of Appeals for the Fourth Circuit and District of Columbia Circuit
  • United States District Courts for the Southern and Northern Districts of West Virginia, Eastern and Western Districts of Virginia, and Western District of Pennsylvania

Memberships

  • Energy and Mineral Law Foundation. Various presentations and papers on employment issues
  • Virginia Bar Association Sections on Litigation and Labor and Employment Law, Former Member of Executive Council for Labor and Employment Law
  • American Bar Association Sections on Litigation and Labor and Employment Law, Committee on Employee Rights and Responsibilities, Former Management Co-Chair of Sub-Committee on Covenants Not To Compete, Trade Secrets and Employee Duty of Loyalty

Publications & Presentations

  • Chapter Editor, Trial Techniques for the Labor and Employment Law Practitioner, Bloomberg/BNA, 2019
  • Author and Editor: Trade Secrets: A State-by-State Survey (BNA Books)
  • Author and Editor: Employee Duty of Loyalty: A State-by-State Survey (BNA Books)
  • Author and Editor: Covenants Not To Compete: A State-by-State Survey (BNA Books)
  • Author and Editor: Tortious Interference with Covenants Not to Compete: A State-by-State Survey (BNA Books)
  • Midwinter Meetings of ABA Labor and Employment Law Section, Committee on Employee Rights and Responsibilities: Various presentations and papers on covenants not to compete, trade secrets, employee fiduciary duties and litigation of employment disputes
Numerous Spilman Attorneys Recognized by Best Lawyers, Lawyers of the Year, Ones to Watch 2023 64 Spilman Attorneys Recognized by Best Lawyers UPDATED OSHA Considerations for Recording COVID-19 Illnesses OSHA Considerations and COVID-19 11 Spilman Attorneys Recognized as "Lawyers of the Year" 2020 67 Spilman Attorneys Recognized by Best Lawyers Spilman Plays Major Role in First-of-Its-Kind Labor & Employment Law Book Spilman Attorneys Named to 2019 WV Super Lawyers List 66 Spilman Attorneys Recognized by Best Lawyers Spilman Attorneys Named to 2018 WV Super Lawyers List W.Va. Supreme Court Unanimously Affirms Dismissal of Employment Lawsuit Global Chemical Co. Wins Dismissal with Prejudice in Employment Law Matter Global Chemical Company Wins Gender Discrimination Summary Judgment Regional Health System Obtains Summary Judgment in Employment Matter Retaliation Claim Against Global Chemical Companies Dismissed with Prejudice